Cchris

So long story short, I have 3 kids in UK I'm on Vancouver Island with PR status granted 2 or so years ago. Kids all listed on my application when it went in, 16, 14 and 11. All had medicals done etc at time of my application.
Can I apply at the border for their study visas and then apply for PR from within Canada? Its been a long time since I looked at this information and the poop fan turned on back home so may have to rush to get them here!

christmasoompa

As you declared the kids and had their medicals done, you can now apply to sponsor them for PR. Unfortunately it'll take 6-8 months or so though and there's no way of speeding that up. A study permit isn't likely to be granted, as part of the application process for a study permit is proving that you intend to return to your home country at the end of it, and if they turn up to the border with a Canadian PR father and say they'll be staying, that's not going to apply to them.

However, once you've got to the first stage of the PR application (approx 4-6 weeks after applying, they can then enter Canada under 'dual intent'. Have a read of the FAQ about Spousal Sponsorship above and the dual intent section in there, I realise that it wouldn't be spousal sponsorship, but the principle of dual intent is the same.

One last thing, don't forget you'll need written permission from their mother to remove them from UK jurisdiction, or a court order to that effect (hopefully the former, as the latter can take forever to obtain!).

HTH, good luck.

Cchris

Not what I wanted to hear!
So the kids are currently not in mothers custody as of 1.5 days ago, she has been bailed for 8 weeks with not contact allowed with them unless supervised. Social Services not giving me much info yet, Ive been up all night trying to call the worker. Is there no way of me bringing them here on an extended vacation and applying from within?

christmasoompa

You can certainly try it, but there would be a risk of them being refused entry. In your circumstances, I think I'd just try it though, it's worth a shot. Get them just arrive as if they're staying for a holiday, so no mention of school or study permits, and see if it works (no lying though, that could come back to bite you further down the line, so they must tell the truth if asked).

Is their mother happy to give her permission for them to move? As you'll need that no matter what her situation is unfortunately.

Cchris

Not sure yet. Waiting to see what social services say. I have no contact with the mother.

christmasoompa

What a horrid situation for you all. I hope that you can get permission to move them, and get it quickly. Is there any chance of you going to the UK to be with them for a while, at least until you can move them?

Cchris

I don't think I'd be able to afford to return to Canada if I did that, and I'm Here so they can have a better place to come.

SchnookoLoly

This might be immigration lawyer territory. You *may* be able to get your kids into Canada on a visitor visa, but that has its own issues as they won't be able to attend school or anything if they're just visitors, which obviously is an issue. I don't know if there really are any options that gets them into Canada *AND* attending school without PR, and as Oompa said, there's no provision that allows you to have it processed faster or anything.

Sorry, this is not all that helpful... but it feels like you might need a lawyer to help you navigate this since time is of the essence... and presumably you no longer want to have your kids in their mother's custody, but you'll need her permission to remove them from the UK... Would she agree to it? And if you can't get her permission then you need a court order, which again, lawyer.



Please keep us updated, sending positive thoughts your way.

Edit: crossposted with Oompa.

Cchris

She may agree. All I can do is hope so. I'll see if the social workers can get her to accept a call from me. Been up all night trying to speak with the social worker in charge of the case but no call yet. Nap time for me.
Thanks for your kind input thus far. Sure I'll have more questions to come!

geoff52

You need to hire a solicitor in the UK to represent you and the children to sort things out, Reading between the lines the family situation is more complicated then it appears on the surface.

CanadianSpruce

One thing I would say is I would say it's extremely unlikely they would be denied at the border. I can't see them sending 3 kids back without their parent.

Former Lancastrian

If they got to Canada without a parent whats the difference in sending them back without a parent?

Too many ifs ands or buts to give a definitive answer. Can it be done yes but there are risks.

Cchris

I'd visit the UK with the intention of bringing kids back to Canada with me. They have lived here with me before. Would I not be able to get implied status for them if I got them here and applied from within if I was granted custody? I don't have money for a solicitor at this point.

Former Lancastrian

There is no such thing as implied status on entering Canada. You are either admitted as a visitor, worker or student or becoming a PR. The Dual Intent is normally taken into consideration for spouses of Canadian citizens or PR's who have married a non resident and have or will be submitting a spousal application.
It could also be done for children but that will be the decision of the examining officer and a recent ruling regarding dual intent which I believe is in a sticky thread at the top of this page basically says dual intent can be denied if it is shown that the person entering had no intention of leaving Canada on being admitted as a visitor.

Cchris

Thank you.